The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1224

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2017
                               ___________

Introduced by M. of A. ROZIC, ABINANTI, ARROYO, COOK, GOTTFRIED, JAFFEE,
  KAVANAGH, M. G. MILLER, MOSLEY, O'DONNELL, PAULIN, PICHARDO, SEAWRIGHT
  --  Multi-Sponsored  by -- M. of A. GLICK, RIVERA, SEPULVEDA, SIMON --
  read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  establishing
  the safe homes act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "safe homes
act".
  § 2. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
  6. (A) A POLICE OFFICER WHO RESPONDS TO A REPORT OF A  FAMILY  OFFENSE
AS  DEFINED  IN SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED
TWELVE OF THE FAMILY COURT ACT MAY, IN THE INTEREST  OF  PUBLIC  SAFETY,
TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC DART GUN, ELEC-
TRONIC  STUN  GUN,  DISGUISED  GUN,  IMITATION  WEAPON, SHOTGUN, ANTIQUE
FIREARM, BLACK POWDER RIFLE, BLACK  POWDER  SHOTGUN,  OR  MUZZLE-LOADING
FIREARM THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A CONSENSUAL
OR  OTHER  LAWFUL  SEARCH,  AND SHALL TAKE TEMPORARY CUSTODY OF ANY SUCH
WEAPON THAT IS IN THE POSSESSION OF ANY PERSON ARRESTED FOR THE  COMMIS-
SION  OF  SUCH FAMILY OFFENSE OR SUSPECTED OF ITS COMMISSION. AN OFFICER
WHO TAKES CUSTODY OF ANY WEAPON PURSUANT TO THIS  PARAGRAPH  SHALL  ALSO
TAKE  CUSTODY  OF  ANY  LICENSE TO CARRY, POSSESS, REPAIR AND DISPOSE OF
SUCH WEAPON ISSUED TO THE PERSON SUSPECTED OF SUCH FAMILY  OFFENSE.  THE
OFFICER  SHALL DELIVER SUCH WEAPON AND/OR LICENSE TO THE APPROPRIATE LAW
ENFORCEMENT OFFICER AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION  ONE  OF
SECTION 265.20 OF THE PENAL LAW.
  (B) UPON TAKING CUSTODY OF WEAPONS OR A LICENSE DESCRIBED IN PARAGRAPH
(A)  OF THIS SUBDIVISION, THE RESPONDING OFFICER SHALL GIVE THE OWNER OR
PERSON IN POSSESSION OF SUCH WEAPONS OR  LICENSE  A  RECEIPT  DESCRIBING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

A                                                          LBD00432-01-7

A. 1224                             2

SUCH  WEAPONS  OR  LICENSE  AND  INDICATING ANY IDENTIFICATION OR SERIAL
NUMBER ON SUCH WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS OR
LICENSE CAN BE RECOVERED AND DESCRIBE THE PROCESS FOR RECOVERY  PROVIDED
IN PARAGRAPH (D) OF THIS SUBDIVISION.
  (C)  A  WEAPON  DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS
UTILIZED IN THE COMMISSION OF AN OFFENSE, THAT IS UNLAWFULLY  POSSESSED,
OR  THAT A COURT ORDERS TO BE SURRENDERED PURSUANT TO SUBDIVISION TWO OR
SUBDIVISION THREE OF SECTION EIGHT HUNDRED  FORTY-TWO-A  OF  THE  FAMILY
COURT ACT SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF
SECTION  400.05  OF  THE  PENAL LAW AND EITHER DISPOSED OF IN THE MANNER
DESCRIBED IN SUBDIVISION TWO OR  RETAINED  AS  PROVIDED  IN  SUBDIVISION
THREE OF SECTION 400.05 OF THE PENAL LAW.
  (D)  NOT  LESS  THAN  ONE HUNDRED TWENTY HOURS OR, IN THE EVENT THAT A
SATURDAY, SUNDAY OR LEGAL HOLIDAY OCCURS DURING SUCH PERIOD, ONE HUNDRED
FORTY-FOUR HOURS AFTER A WEAPON, OTHER THAN A WEAPON DESCRIBED IN  PARA-
GRAPH  (C)  OF  THIS  SUBDIVISION,  IS  TAKEN  INTO TEMPORARY CUSTODY AS
PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE OWNER OR  PERSON  WHO
WAS  IN LAWFUL POSSESSION OF SUCH WEAPON SHALL HAVE THE RIGHT TO ARRANGE
FOR THE SALE OR TRANSFER OF SUCH WEAPON TO A DEALER, OR  TO  HIMSELF  OR
HERSELF,  IN THE MANNER PROVIDED IN SUBDIVISION SIX OF SECTION 400.05 OF
THE PENAL LAW.
  § 3. This act shall take effect immediately.